EMUM CAPITAL SDN BHD v 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) ANANDARAO A/L ATCHANNAH
Catchwords
CONTRACT LAW: Credit facilities – Summary judgment application – Breach of credit facility terms – Whether plaintiff breached terms by suspending credit facility – Whether credit terms waived through conduct – Whether late interest charges contractually enforceable – Whether delivery order discrepancies affect liability – Whether guarantee letter valid and enforceable – Whether account stated principle applicable – Whether non-query of account creates estoppel CIVIL PROCEDURE: Summary judgment – Order 14 Rules of Court 2012 – Triable issues – Whether defendant raised valid triable issues – Whether prima facie case established – Whether burden of proof satisfied – Striking out pleadings – Order 18 Rule 19 Rules of Court 2012 – Whether counterclaim obviously unsustainable – Whether pleadings frivolous or vexatious – Whether counterclaim constitutes abuse of process GUARANTEE AND INDEMNITY: Personal guarantee – Joint and several liability – Directors' guarantee – Whether guarantee letter defective or unenforceable – Whether variation of terms discharges guarantors – Whether guarantors bound by signed guarantee despite incomplete information COMMERCIAL LAW: Building materials supply – Credit reporting agencies – Disclosure of default information – Whether reporting to CTOS and credit agencies wrongful – Whether contractual consent to disclosure valid – Whether damages recoverable for adverse credit reports
Practice Areas
Judges (1)
Case Significance
EMUM CAPITAL SDN BHD v 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) AN... is a High Court (Mahkamah Tinggi) decision dated March 16, 2025 (citation: wa-22ncc-573-08-2024). The case was decided by Atan Mustaffa Yussof Ahmad.
What was the outcome of EMUM CAPITAL SDN BHD v 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) AN...?
EMUM CAPITAL SDN BHD v 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) AN... is a High Court decision dated March 16, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.